Trespass Law & Legal Definition


Trespass is entering another person's property without permission of the owner or legal authority. In order to recover damages for trespass, some damage, no matter how slight, must be caused. If the trespass is with an illegal intent, it is a crime. Trespass may also be a civil wrong (tort), such as interfering with an owner or tenant's use of the property by dumping waste or removing trees on the property. Golf balls landing in another's swimming pool have been found to constitute a trespass. In addition to damages, a court may grant an injunction prohibiting any further continuing, repeated or permanent trespass.

The following is an example of a local law dealing with trespass:

20.12.360 Trespass upon Swimming Pool Area.

It is unlawful for any person other than an employee of the City having authority so to do, to enter any municipal swimming pool or the enclosed area thereof, at any other time than when the pool is regularly open for public use and a qualified life guard or attendant is on duty.